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HomeMy WebLinkAbout1990_06_20 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK JUNE 20, 1990, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present: William E. Jakubowski, Building Inspector Barbara Terranova, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:27 PM. He announced that he had received 3 copies of a primer from the Westchester Municipal Planning Federation which he wanted to share with the other members. Mr. Gunther and Mr. Simon borrowed the pamphlets. The Recording Secretary stated that Application 1 would not be heard as the application was still before the Planning Board. APPLICATION NO. 2 - CASE 975 The Recording Secretary read the application as follows: Application of Mr. M. Doppelt requesting a variance from Section 89-67 B to reduce the front yard from 25.0 feet required to 20.0 feet for the proposed construction of an unenclosed off-street parking facility, in an R-20 Zone District, on the premises located at 23 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Parcel 28. As there was no one in the audience concerned with this application, it was adjourned until the applicants or their representative contacted the Building Department. APPLICATION NO. 3 - CASE 976 The Recording Secretary read the application as follows: Application of Mr. J.M. Rodney requesting a variance from Section 89-35 June 20, 1990 -2- B(3) to reduce the rear yard from 25.0 feet required to 13.3 feet for the proposed construction of a rear deck, in an R-6 Zone District, on the premises located at 3 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 190. Michael Rodney appeared on behalf of his application. He stated that his family has lived in the house for three years and that the concrete structure attached to the house is too small for comfortable use. He stated that only a small table and two chairs fit on it and that his young children need to play on the deck because of the nature of his property. Mr. Rodney stated that the awkward slope of the land caused the design submitted, rather than one which might not need a variance. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were adopted 4 - 1, Mr. Wexler opposed: WHEREAS, Mr. J.M. Rodney has submitted an application to the Building Inspector, together with plans to construct a rear deck on the premises located at 3 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 190; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-35 B (3) ; and WHEREAS, Mr. Rodney submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT June 20, 1990 -3- RESOLVED, that this Board finds that there are special circumistanccs and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The property is an awkwardly graded corner lot. 2. Enlarging the deck will allow better utilization of the :"A property. w C 3. The applicant's small children will now be able to play behind the house and, therefore, gain a safer play area. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 6. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable usP of the land and/or building and that the variance granted by this Board will accoii fish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-35 B (3) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 3 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 190 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is 4 FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. 0 ***** APPLICATION NO. 4 - CASE 977 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Gutman requesting a variance from Section 89-34 B(3) to reduce the rear yard from 25.0 feet required to 19.0 feet to retain a rear deck which increases the extent by which the building fails to conform pursuant to Section 89-56, in an R-7.5 Zone District, on June 20, 1990 -4- the premises located at 75 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 71. Mr. Negrin stated that he is an old acquaintance of Mr. Gutman and that he has no economic interest in this or any other matter of Mr. Gutman. Mr. Gutman and Mr. Simon both stated that they, too, are acquaintances but that they share no financial dealings. Mr. Gutman appeared on behalf of the application. He stated that he had built the deck to replace a rotted staircase. Mr. Gutman was poorly advised, did not seek a permit and needed one now to satisfy a bank requirement. He stated that any design needed to take into account the back door and would be non-conforming as the house is non-conforming. This deck is placed in the "ell" of the house with stairs into the yard. The deck is closest to one neighbor's garage. The neighbors on the North who would sec the deck from their yard and those who would see the deck from their kitchen have both submitted favorable letters. Mr. Gutman stated that his land sloped about 6 - 7 feet toward the rear. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Gunther, seconded by Mr. Wexler, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. S. Gutman have submitted an application to the Building Inspector, together with plans to retain a rear deck on the premises located at 75 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 71; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-34 B(3) ; and WHEREAS, Mr. and Mrs. Gutman submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT June 20, 1990 -5- RESOLVED, that this Board finds that there are special circumtistanres and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The existence of the deck has a minimal impact on the property. 2. The deck conforms with the surrounding conditions. 3. The deck is not overly visible or objectionable to the neighborhood which encompasses it. 4. The property slopes 6 feet to the rear making difficult use of the back yard. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-34 B(3) of the Zoning Ordinance be varied and modified so as to allow the retention of a rear deck on the premises located at 75 Echo Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 71 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPLICATION NO. 5 - CASE 978 The Recording Secretary stated that the applicants had requested that their application be heard last on the agenda due to a conflict experienced by their architect. June 20, 1990 -6- APPLICATION NO. 6 - CASE 979 The Recording Secretary read the application as follows; Application of Mr. J. McManus requesting variances for the proposed construction of a rear deck. The deck as proposed would have a rear yard of 11.3 feet at its closest point where 25.0 feet is required pursuant to Section 89-34 B(3) , a side yard of 5.7 feet at its closes point where 10.0 feet is required pursuant to Section 89-34 B(2) (a) and further the deck will increase the extent by which the building fails to conform pursuant to Section 89-57, in an R-7.5 Zone District, on the premiss located at 238 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 299. Mr. McManus appeared on behalf of his application. He stated that the rear of his house was the only suitable place for a deck. Such construction would provide safety for his young children so that they can avoid playing near Rockingstone Avenue. Also, the back yard becomes very muddy in summer. The deck is only 2-3 feet above the ground. Mr. McManus submitted favorable letters from his rear and two side neighbors. On motion of Mr. Gunther, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, J. McManus has submitted an application to the Building Inspector, together with plans to construct a rear deck on the premises located at 238 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 299; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-34 B(3) , 89-34 B(2) (a) and 89-57; and WHEREAS, Mr. McManus submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; June 20, 1990 -7- NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The best place to put a deck for both esthetic and environmental purposes is in the rear yard. The side yard is limited. 2. The driveway and the garage separate the side yard from the house making it useless for this type of use. 3. The topography of the rear yard lends itself to a low deck. 4. The deck is not very large and only 2-3 feet high which makes it relatively unobtrusive. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-34 B(3) , 89-34 B(2) (a) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 238 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 299 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the following condition shall attach to the variance: Five-foot high everyteens such as rhododendron or mountain laurel shall be planted along the property line until that point where the deck is more than 10 feet from said line. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is June 20, 1990 -8- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** The Recording Secretary read the next two applications together. APPLICATION NO. 7 - CASE 980 Application of Mr. and Mrs. A. Talmadge requesting a variance from Section 89-44D to construct a five (5) feet high front fence (four [4] feet height maximum permitted) , in a Residence Zone District, on the premises located at 27 Bonnie Briar Lane and known on the Tax Assessment of the Town of Mamaroneck as Block 224 Parcel 938. APPLICATION NO. 8 - CASE 981 Application of Mr. and Mrs. L. Feinberg requesting a variance from Section 89-44 D to construct a six (6) feet high front fence (four [4] feet height maximum permitted) , in a Residence Zone District, on the premises located at 31 Bonnie Briar Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Parcel 952. The applicants for these applications, which were to be heard together, requested an adjournment until August. Said request was made during the work day to the Building Office. Many neighbors in opposition to the applications were in the audience and requested a chance to be heard. Mr. Negrin stated that the Board would be glad to hear their opinions but would not listen to them all over again when the applications were heard. Diana Watson, 5 Oakdale Road, submitted a petition signed by 39 people opposed to a fence. She stated that the area was not a "fenced-in" place. Mrs. Watson objected to the appearance of the fence - green vinyl chain link. (The fences would block a traditional entrance to Bonnie Briar Country Club for sleighriding.) Bonnye Donatelli, 23 Bonnie Briar Lane, stated that there is a water company easement at the traditional entrance. She also stated that if the two applicants built fences, it was likely that her yard would become an alternative entrance to the hill. Richard Young, 12 Bonnie Briar Lane, stated that if these fences were granted, soon the whole neighborhood would be requesting fence, too. George Van Setter, 7 Stratford Road, objected to the adjournment until August when many neighbors would be on vacation. Matthew Manes, 43 Bonnie Briar Lane, a 40-year resident, stated that when fences are coming down all over the world, it was foolish to be building them in Mamaroneck. He felt that it was an affront to the community for these individuals to achieve privacy at the expense of so many people who derive so much pleasure for a very limited time. Sara Aron, 26 Bonnie Briar Lane, objected to the fence on esthetic grounds, and stated that she enjoyed having the children sleighriding in the neighborhood. June 20, 1990 -9- Mr. Kelleher stated that he wanted the neighbors to understand that this Board had no jurisdiction over a 4-foot fence. He stated that "They can build the most God-awful-looking thing in the world" without even coming before this Board. In response to Mr. Wexler's question, the neighbors agreed that they objected to the height of the fence. Mr. Simon stated that he felt that it was not fair to be discussing the fence in such detail in the applicants' absence. On motion of Mr. Simon, seconded by Mr. Wexler, these matters were adjourned to no earlier than the September meeting by unanimous vote. APPLICATION #9 - CASE 982 The Recording Secretary read the application as follows: Application of Mr. and Mrs. K. Dolan requesting a variance to retain a first floor deck and also for the proposed construction of a second floor deck The deck as exists and deck as proposed would have a rear yard of 13.0 feet where 25.0 feet is required pursuant to Section 89-32 B(3) and further the decks will increase the extent by which the building fails to conform pursuant to Section 89-57, in an R-15 Zone District, on the premises located at 19 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 505. Mr. Jakubawski stated that the notice was incorrect. The rear yard will be 20 feet, not 13 feet. Since the variance requested is less than noticed, the Board could proceed. Mrs. Dolan appeared on behalf of the application with Paul Bakker, her architect. She stated that the yard is one full flight of stairs down from the house making watching children a conc rn and entertaining frum the kitchen difficult. The yard slopes about 17 feet from the front of the yard. The Board recognized that it had seen many similar applications from Mrs. Dolan's neighbors. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. K. Dolan have submitted an application to the Building Inspector, together with plans to retain a first floor deck and construct a second floor deck on the premises located at 19 June 20, 1990 -10- Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 505; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-32 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Dolan submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The proposed decks are consistent with others in the neighborhood. 2. There is a steep grade differential of approximately 17 feet between the front and the rear of the house . 3. The use of the property would be further enhanced by the construction of the decks. 4. The property borders the Leatherstocking Tidil which makes the decks inobtrusive. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable usP of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-32 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a first floor deck and the construction of a second floor deck the premises located at 19 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 505 in strict conformance with the plans filed with this application and any conditions set forth in June 20, 1990 -11- these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 5 - CASE 978 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Fein requesting a variance from Section 89-35 B(3) to reduce the rear yard from 25.0 feet required to 15.2 feet ei for the proposed construction of a deck, in an R-6 Zone District, on the premises located at 9 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 466. Robert Pollack, architect, appeared on behalf of the applicants. The Feins like to host large family gatherings several times a year. Previously when extending their house, the Feins felt that they had imposed on their side neighbors. Therefore, the deck would extend into the rear yard. Also, all of the yard would be chopped up if the deck were placed on the side. The deck would be constructed about 2 feet high, the railing will be about 5 feet high. The rear yard is well screened fruit neighboring yards. On motion of Mr. Gunther, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. S. Fein have submitted an application to the Building Inspector, together with plans to construct a rear deck on the premises located at 9 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 118 Parcel 71; and June 20, 1990 -12- WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-35 B(3) ; and WHEREAS, Mr. and Mrs. Fein submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The property has a severe grade differential in the rear which limits the use of the rear of the property. 2. Since it is an oversized lot, it is to the benefit of the applicants and the community that the rear of the property be used rather than the "as of right" area on the side. 3. The rear yard is well screened while the side yard is not. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 6. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-35 B(3) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear deck on the premises located at 9 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 466 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started June 20, 1990 -13- within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** On motion of Mr. Gunther, seconded by Mr. Simon, Application No. 2 - Case 975 was adjourned indefinitely. NEXT MEETING. The Board chose July 25, 1990 as its next meeting. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes of the meeting of May 23, 1990 were approved as corrected. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Kelleher, the meeting was adjourned at 10:40 PM. ,721, /1), GL Bonnie M. Burdick